Coulter v. American Bakeries Co.

530 So. 2d 1009 (1988)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Coulter v. American Bakeries Co.

Court of Appeal of Florida, First District
530 So. 2d 1009 (1988)

SC

Facts

Gladys Coulter (plaintiff) bought a doughnut from American Bakeries Company (ABC) (defendant). Due to an abscessed tooth, Coulter could not chew the doughnut. Instead, Coulter put pieces of the donut in her mouth and sipped milk through a straw to help dissolve the doughnut before swallowing. Coulter did not chew the donut and consequently did not feel a metal wire in the donut pieces, which wound up getting stuck in her throat, causing injury. Coulter brought suit against ABC for breach of implied warranty. ABC defended itself on the ground that Coulter was comparatively negligent in the manner in which she ate the doughnut. The trial judge instructed the jury on comparative negligence. The jury returned a verdict for Coulter, but reduced her damages by 80 percent on account of her comparative negligence. Coulter appealed.

Rule of Law

Issue

Holding and Reasoning (Wigginton, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 816,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 816,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 816,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership